NOLEN v. SCHLESINGER

No. 73-3782 Summary Calendar.

492 F.2d 787 (1974)

Lenard Wallace NOLEN, Plaintiff-Appellant, v. James R. SCHLESINGER, Secretary of Defense, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 15, 1974.


Attorney(s) appearing for the Case

Lenard W. Nolen, pro se.

William J. Schloth, U. S. Atty., John Reese Franklin, Ronald T. Knight, Asst. U. S. Attys., Macon, Ga., for defendant-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.


AINSWORTH, Circuit Judge:

Nolen sought review in the district court of the Army Board for Correction of Military Record's denial of his application for correction of his military medical records to reflect that he had and was treated for hypertension during his period of service. The lower court granted summary judgment for the Government. We reverse and remand.

The record reveals that there are genuine issues as to material facts; therefore, it was error...

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